In civil transactions slaves had no standing as
persons in court except for the one purpose of making claim of freedom;
and even this must usually be done through some friendly citizen as a
self-appointed guardian bringing suit for trespass in the nature of
ravishment of ward. The activities of slaves were elaborately restricted;
any property they might acquire was considered as belonging to their
masters; their marriages were without legal recognition; and although the
wilful killing of slaves was generally held to be murder, the violation of
their women was without criminal penalty. Under the law as it generally
stood no slave might raise his hand against a white person even in
self-defense unless his life or limb were endangered, nor might he in his
own person apply to the courts for the redress of injuries, nor generally
give evidence except where negroes alone were involved. All white persons
on the other hand were permitted, and in some regards required, to exercise
police power over the slaves; and their masters in particular were vested
with full disciplinary power over them in all routine concerns. If they
should flee from their masters' dominion, the force of the state and of
other states into which they might escape, and of the United States if
necessary, might be employed for their capture and resubjection; and any
suspected of being fugitives, though professing to be free, might be held
for long periods in custody and in the end, in default of proofs of freedom
and of masters' claims, be sold by the authorities at public auction.
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